A waiver or release is the intentional and voluntary act of relinquishing something, such as a known right to sue a person or organization for an injury. The term waiver is sometimes used to refer a document that is signed before any damages actually occur. A release is sometimes used to refer a document that is executed after an injury has occurred.
Courts vary in their approach to enforcing releases depending on the particular facts of each case, the effect of the release on other statutes and laws, and the view of the court of the benefits of releases as a matter of public policy. Many courts will invalidate documents signed on behalf of minors. Also, Courts do not permit persons to waive their responsibility when they have exercised gross negligence or misconduct that is intentional or criminal in nature. Such an agreement would be deemed to be against public policy because it would encourage dangerous and illegal behavior.
New York Release and Waiver of Liability for Horseback Riding: Assumption of all Risks of Personal Bodily Injury When participating in horseback riding activities in New York, it is important for riders to understand the legal implications and potential risks associated with this thrilling sport. As such, many stable owners require riders to sign a New York Release and Waiver of Liability, which offers protection to the owner of the stable while outlining the assumption of all risks related to personal bodily injury. This release and waiver serves as a legal document that riders must agree to before engaging in any horseback riding activities at a particular stable. By signing this document, riders acknowledge that horseback riding involves inherent risks and dangers that could result in personal bodily injury or even death. They further acknowledge that these risks cannot always be completely eliminated, even by consistent and diligent efforts by the stable owner to provide a safe environment. The New York Release and Waiver of Liability emphasizes the assumption of all risks by the rider. It clearly states that riders willingly accept the potential dangers associated with horseback riding, which may include falls, kicks, trampling, or other unpredictable behaviors by the horses being ridden or present at the stable. In addition, the release and waiver underscores the rider's agreement to irrevocably release the stable owner from any and all liability for personal injuries, property damage, or any other losses sustained during horseback riding activities. This includes injuries resulting from the owner's negligence or any dangerous conditions on the premises. While the New York Release and Waiver of Liability Given in Favor of Owner of Stable by Those Who Ride Horses encompasses a broad range of risks associated with horseback riding, there may be variations or additional clauses depending on the specific stable or owner. For example, some releases may include provisions regarding the rider's liability for injuries caused to others or the care and treatment of the horses. To conclude, riders in New York must carefully read and understand the New York Release and Waiver of Liability before engaging in horseback riding activities. By signing this document, riders are acknowledging and assuming all risks related to personal bodily injury, thereby providing protection to the owner of the stable.
